The legal counsel and spokesperson for the Television and Production Exponents Inc. (TAPE) said the decision of the Intellectual Property Office of the Philippines (IPOPHL) revoking the producer’s trademark registration for “Eat Bulaga” did not cover the TV show.
In a decision dated Dec. 4, IPOPHL’s Bureau of Legal Affairs (BLA) granted the petition of Tito and Vic Sotto, and Joey de Leon, known as TVJ, to cancel the trademark registrations of “Eat Bulaga” and “EB” under TAPE.
The IPOPHL decision canceled trademarks under Classes 16, 18, 21 and 25, and did not state anything about the TV show, according to TAPE lawyer Maggie Abraham-Garduque.
"Eat Bulaga" and TVJ (Photos from TAPE's Facebook page, Instagram account "EatBulaga1979")
In a press conference on Dec. 6, TVJ said with the decision, they can now use the trademark “Eat Bulaga.”
"The decision does not have the legal effect of giving TVJ the right to use the name ‘Eat Bulaga’ in their show,” said Abraham-Garduque.
She added, “Foremost, the decision grants the petition of TVJ to cancel ‘Eat Bulaga’ trademarks under class 16, 18, 21 and 25 registered under TAPE Inc. These are for merchandise items.”
“The decision never mentioned about the use of it in the show ‘Eat Bulaga’ of TAPE Inc. In fact, you cannot see anything in the dispositive portion of the decision which states that because of that decision, TAPE is now prohibited to use the name of ‘Eat Bulaga’ in their show and that TVJ can now use it in their show,” she explained.
Abraham-Garduque added, “Secondly, said decision is not yet final. It may be affirmed or reversed on appeal. Thus, as long as there is no final decision yet, the trademarks ‘Eat Bulaga’ registered under TAPE Inc. for these classes cannot be canceled.”
She previously mentioned that TAPE will appeal the IPOPHL decision.
“Under the rules, the first remedy is to appeal it before the director of the BLA-IPO within 15 days from the receipt of the decision. As to the ground, aside from considering evidence which are not admitted during the hearings of the case before the IPO, among others we would contest on the only ground relied upon in the assailed decision which is the concept of ‘originator’ of the trademark,” she said.
According to her, “The decision states that petitioner Joey de Leon is the originator of the trademark ‘Eat Bulaga’ because he was the one who created or thought of it. We should be reminded that trademark is used to distinguish goods and services from one to another.”
“The originator of the trademark should be the one who first used it for his good or service. Assuming that De Leon thought of it, he does not have any good or service during the time he thought of it. ‘Eat Bulaga’ was first used for a noon time show produced by PSI and later TAPE Inc. That show is the good wherein said trademark was used. As producer, TAPE is the owner of said good wherein said trademark was used,” she said.
Abraham-Garduque said the decision should be scrutinized as this would have a negative effect not only in the entertainment industry but in others as well.
“We humbly believe that this decision deserved a second look in an appeal because otherwise if we follow it, any person/talent in a show who, for example, would suggest for a name of a segment of a show, will be the owner of said title and when he is not a talent anymore the producer cannot use that segment anymore,” she said.
She added, “This holds true to other industries. Like, for example, a person who dreamt of having a resto and first thought of McDonald’s but cannot afford to have one so he did not ever have a resto named McDonald’s can now file a cancellation of the trademark for McDonald’s food chains because based on the decision, he is considered as the originator of that trademark?”
In the BLA decision, Class 16 refers to trademark for “paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching materials (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks.”
Class 18 is for “leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.”
Class 21 refers “household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.”
Class 25 is for “clothing, namely, jackets, coats, vests, t-shirts (with/without collar), polo shirts, blouses, jerseys or sports t-shirts, sandos or tank tops, shorts, pants, jeans, dresses, skirts, scarves, shawls, bandanas and belts; footwear, namely, slippers or flipflops, sneakers, shoes, sandals, slip-on socks.”